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(영문) 울산지방법원 2014.07.25 2014고정405

절도

Text

The defendant shall be innocent.

Reasons

1. Around 19:40 on April 23, 2013, the Defendant: (a) laid off a “D” restaurant located in Ulsan-gu, Ulsan-gu; (b) 300,000 won in cash; (c) 2 bags containing 700,000 won in cash; and (d) 263,000 won in cash; and (e) 1 bags containing six credit cards, such as a resident registration certificate, driver’s license, Samsung Card, etc., with which the market price cannot be known, the Defendant stolen it by citing 200,000 won in cash.

2. The defendant and his defense counsel asserted that, under the influence of alcohol at the time of the instant case, the Defendant brought the victim's wall to the house of the defendant, but they were returned to the victim immediately after finding it, so there was no intention of larceny or illegal acquisition, and that there was no intention of larceny at the time of the instant case, two bags and one pointer containing cash did not bring to the defendant.

In light of the evidence duly adopted and examined by this court, the defendant was found to have brought about the victim's wall at the time of the instant case, but the defendant was found to have been aware of the following facts acknowledged by the evidence, i.e., at the time of leaving a "D" restaurant on April 23, 2013, the defendant had already been under the influence of drinkingly by drinking the victim's wall, 21:10 to 20:40 on the same day, and the victim's wife returned home to the victim on his own contact with the victim according to the defendant's instructions after he discovered the part of the victim's wall, and there was no loss of the contents inside the wall at the time of the instant case. Accordingly, it is difficult to readily avoid the possibility that the defendant had the victim's wall on the ground that the victim's wall was erroneous as his wall under the influence of alcohol, etc., and the evidence submitted by the defendant alone alone had the victim's intent to acquire the victim's wall or illegal theft.